Supreme Court of India has dismissed a Public Interest Litigation (PIL) that sought the establishment of a National Internal Security Council to tackle organized crime within the country. The PIL also aimed to bring all national and state-level investigation agencies under the jurisdiction of this proposed body.
The bench, consisting of Chief Justice D Y Chandrachud, Justice J B Pardiwala, and Justice Manoj Misra, ruled that the reliefs requested by the PIL were matters of policy and fell under the legislative domain, making them unsuitable for judicial intervention.
The PIL, represented by AOR. Adv. Sureshan P and Adv. Shivam Yadav, had petitioned for the creation of a national-level agency to address various crimes, including smuggling, cybercrimes, inter-state trafficking, and large-scale political violence.
It also advocated for establishing a 'National Internal Security Coordination Council,' overseen by a committee formed by the President and recommended by the Chief Justice. The PIL sought guidelines for the appointment, transfer, and conduct of Council members. Additionally, it proposed that once the Council was established, all national and state-level investigation agencies would be placed under its direct control and supervision, excluding legislative bodies and elected governments.
The court's decision was based on the observation that the directions sought by the PIL fell within the purview of legislative and policy matters, rather than the judicial scope. The judgment underscored that Article 32 of the Constitution could not be invoked for matters of this nature.
Case Title: Agnostos Theos V. Union Of India & Others
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